Bill Text: FL S1436 | 2013 | Regular Session | Introduced


Bill Title: Digital Learning

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-05-03 - Died in Education, companion bill(s) passed, see CS/HB 7029 (Ch. 2013-225), SB 1514 (Ch. 2013-45) [S1436 Detail]

Download: Florida-2013-S1436-Introduced.html
       Florida Senate - 2013                                    SB 1436
       
       
       
       By Senator Brandes
       
       
       
       
       22-00413A-13                                          20131436__
    1                        A bill to be entitled                      
    2         An act relating to digital learning; creating s.
    3         1002.326, F.S.; requiring the State Board of Education
    4         to adopt minimum technology standards that meet
    5         certain criteria; amending s. 1002.37, F.S.;
    6         distinguishing an FTE standard for part-time and full
    7         time students at the Florida Virtual School; amending
    8         s. 1002.45, F.S.; providing that a state university
    9         can affirm an approved provider; conforming cross
   10         references; removing a requirement that providers be
   11         located in this state and staffed by state residents;
   12         requiring that virtual instruction programs provide
   13         individualized courses in accessible formats to
   14         students who have disabilities; establishing FTE
   15         standards for full-time and part-time virtual
   16         instruction; amending s. 1003.01, F.S.; expanding
   17         exceptions to “core-curricula courses”; amending s.
   18         1003.498, F.S.; deleting restrictions on registering
   19         for online courses offered by a school district that
   20         is not the district in which a student is enrolled;
   21         prohibiting a school district from requiring a public
   22         school student to take a course outside the school day
   23         in addition to the student’s courses for a given term;
   24         amending s. 1011.61, F.S.; applying limitations on
   25         membership in programs scheduled for more than 180
   26         days to additional entities; amending s. 1011.67,
   27         F.S.; providing that funds allocated for instructional
   28         materials may be used to purchase hardware; providing
   29         an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 1002.326, Florida Statutes, is created
   34  to read:
   35         1002.326 Statewide policy on secure devices.—
   36         (1) By October 1, 2013, the State Board of Education shall
   37  adopt minimum technology standards for school districts to
   38  comply with the requirements of ss. 1002.321 and 1008.22(3)(g).
   39  These standards must provide for the use of hardware, including
   40  operating systems, networking, and devices; bandwidth; software;
   41  and security, including the temporary disabling of features or
   42  applications that could present a security risk during test
   43  administration.
   44         (a) The state board may not adopt technology standards that
   45  are below those required to implement s. 1008.22(3)(g).
   46         (b) To reduce or eliminate state costs for devices, the
   47  state board must use cloud computing or its equivalent in the
   48  implementation of this section. The state board may contract
   49  with an entity for cloud computing services if a contract would
   50  produce a more cost-effective and efficient means of
   51  implementing this section.
   52         (c) To the extent practicable, minimum technology standards
   53  for devices must allow for a student to bring his or her own
   54  device if it meets established hardware, operating system,
   55  networking, and security standards adopted by the state board.
   56         Section 2. Subsection (8) of section 1002.37, Florida
   57  Statutes, is amended to read:
   58         1002.37 The Florida Virtual School.—
   59         (8)(a) The Florida Virtual School may provide full-time and
   60  part-time instruction for students in kindergarten through grade
   61  12. To receive part-time instruction in kindergarten through
   62  grade 5, a student must meet at least one of the eligibility
   63  criteria in s. 1002.455(2).
   64         (b)For students receiving part-time instruction in
   65  kindergarten through grade 5 and students receiving full-time
   66  instruction in kindergarten through grade 12 from the Florida
   67  Virtual School, The combined total of all FTE reported by both
   68  the school district and the Florida Virtual School:
   69         (a) May not exceed 1.0 FTE for students receiving full-time
   70  instruction in kindergarten through grade 12 from the Florida
   71  Virtual School.
   72         (b) May exceed 1.0 FTE for students receiving part-time
   73  instruction in kindergarten through grade 12 from the Florida
   74  Virtual School.
   75         Section 3. Paragraphs (a) through (c) of subsection (1),
   76  paragraph (a) of subsection (2), and paragraphs (d) and (f) of
   77  subsection (7) of section 1002.45, Florida Statutes, are
   78  amended, and paragraph (f) is added to subsection (3) of that
   79  section, to read:
   80         1002.45 Virtual instruction programs.—
   81         (1) PROGRAM.—
   82         (a) For purposes of this section, the term:
   83         1. “Approved provider” means a provider that is approved by
   84  the department of Education under subsection (2), the Florida
   85  Virtual School, a franchise of the Florida Virtual School, or a
   86  Florida College System institution, or a state university.
   87         2. “Virtual instruction program” means a program of
   88  instruction provided in an interactive learning environment
   89  created through technology in which students are separated from
   90  their teachers by time or space, or both.
   91         (b) Each school district that is eligible for the sparsity
   92  supplement pursuant to s. 1011.62(7)(a) and (b) shall provide
   93  all enrolled public school students within its boundaries the
   94  option of participating in part-time and full-time virtual
   95  instruction programs. Each school district that is not eligible
   96  for the sparsity supplement pursuant to s. 1011.62(7)(a) and (b)
   97  shall provide at least three options for part-time and full-time
   98  virtual instruction. All school districts must provide parents
   99  with timely written notification of at least one open enrollment
  100  period for full-time students of 90 days or more which ends 30
  101  days before the first day of the school year. The purpose of the
  102  program is to make quality virtual instruction available to
  103  students using online and distance learning technology in the
  104  nontraditional classroom. A school district virtual instruction
  105  program must shall consist of the following:
  106         1. Full-time and part-time virtual instruction for students
  107  enrolled in kindergarten through grade 12.
  108         2. Part-time virtual instruction for students enrolled in
  109  kindergarten through grade 12 courses that are measured pursuant
  110  to subparagraph (8)(a)2.
  111         2.3. Full-time or part-time virtual instruction for
  112  students enrolled in dropout prevention and academic
  113  intervention programs under s. 1003.53, Department of Juvenile
  114  Justice education programs under s. 1003.52, core-curricula
  115  courses to meet class size requirements under s. 1003.03, or
  116  Florida College System institutions, or state universities under
  117  this section.
  118         (c) To provide students with the option of participating in
  119  virtual instruction programs as required by paragraph (b), a
  120  school district may:
  121         1. Contract with the Florida Virtual School or establish a
  122  franchise of the Florida Virtual School for the provision of a
  123  program under paragraph (b). Using this option is subject to the
  124  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
  125  (IV).
  126         2. Contract with an approved provider under subsection (2)
  127  for the provision of a full-time or part-time program under
  128  paragraph (b) subparagraph (b)1. or subparagraph (b)3. or a
  129  part-time program under subparagraph (b)2. or subparagraph (b)3.
  130         3. Enter into an agreement with other school districts to
  131  allow the participation of its students in an approved virtual
  132  instruction program provided by the other school district. The
  133  agreement must indicate a process for the transfer of funds
  134  required by paragraph (7)(f).
  135         4. Establish school district operated part-time or full
  136  time kindergarten through grade 12 virtual instruction programs
  137  under paragraph (b) for students enrolled in the school
  138  district. A full-time program shall operate under its own Master
  139  School Identification Number.
  140         5. Enter into an agreement with a virtual charter school
  141  authorized by the school district under s. 1002.33.
  142  
  143  Contracts under subparagraph 1. or subparagraph 2. may include
  144  multidistrict contractual arrangements that may be executed by a
  145  regional consortium for its member districts. A multidistrict
  146  contractual arrangement or an agreement under subparagraph 3. is
  147  not subject to s. 1001.42(4)(d) and does not require the
  148  participating school districts to be contiguous. These
  149  arrangements may be used to fulfill the requirements of
  150  paragraph (b).
  151         (2) PROVIDER QUALIFICATIONS.—
  152         (a) The department shall annually publish online a list of
  153  providers approved to offer virtual instruction programs. To be
  154  approved by the department, a provider must document that it:
  155         1. Is nonsectarian in its programs, admission policies,
  156  employment practices, and operations;
  157         2. Complies with the antidiscrimination provisions of s.
  158  1000.05;
  159         3. Locates an administrative office or offices in this
  160  state, requires its administrative staff to be state residents,
  161  Requires all instructional staff to be Florida-certified
  162  teachers under chapter 1012, and conducts background screenings
  163  for all employees or contracted personnel, as required by s.
  164  1012.32, using state and national criminal history records;
  165         4. Possesses prior, successful experience offering online
  166  courses to elementary, middle, or high school students and
  167  achieves as demonstrated by quantified student learning gains in
  168  online or traditional courses in each subject area and grade
  169  level provided for consideration as an instructional program
  170  option;
  171         5. Is accredited by a regional accrediting association as
  172  defined by State Board of Education rule;
  173         6. Ensures instructional and curricular quality through a
  174  detailed curriculum and student performance accountability plan
  175  that addresses every subject and grade level it intends to
  176  provide through contract with the school district, including:
  177         a. Courses and programs that meet the standards of the
  178  International Association for K-12 Online Learning and the
  179  Southern Regional Education Board.
  180         b. Instructional content and services that align with, and
  181  measure student attainment of, student proficiency in the Next
  182  Generation Sunshine State Standards.
  183         c. Mechanisms that determine and ensure that a student has
  184  satisfied requirements for grade level promotion and high school
  185  graduation with a standard diploma, as appropriate;
  186         7. Publishes for the general public, in accordance with
  187  disclosure requirements adopted in rule by the State Board of
  188  Education, as part of its application as a provider and in all
  189  contracts negotiated pursuant to this section:
  190         a. Information and data about the curriculum of each full
  191  time and part-time program.
  192         b. School policies and procedures.
  193         c. Certification status and physical location of all
  194  administrative and instructional personnel.
  195         d. Hours and times of availability of instructional
  196  personnel.
  197         e. Student-teacher ratios.
  198         f. Student completion and promotion rates.
  199         g. Student, educator, and school performance accountability
  200  outcomes;
  201         8. If the provider is a Florida College System institution
  202  or state university, employs instructors who meet the
  203  certification requirements for instructional staff under chapter
  204  1012; and
  205         9. Performs an annual financial audit of its accounts and
  206  records conducted by an independent certified public accountant
  207  which is in accordance with rules adopted by the Auditor
  208  General, is conducted in compliance with generally accepted
  209  auditing standards, and includes a report on financial
  210  statements presented in accordance with generally accepted
  211  accounting principles.
  212         (3)  VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS.—Each virtual
  213  instruction program under this section must:
  214         (f) Provide virtual courses in accessible formats for
  215  students who have disabilities, including students who are
  216  visually impaired or who have a learning disability or physical
  217  disability, and ensure that such courses are tailored to the
  218  individual education plans of such students.
  219         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
  220  FUNDING.—
  221         (d) The combined total of all FTE reported by both the
  222  school district and the provider:
  223         1.May not exceed 1.0 FTE for students receiving full-time
  224  instruction in kindergarten through grade 12 from the provider.
  225         2. May exceed 1.0 FTE for students receiving part-time
  226  instruction in kindergarten through grade 12 from the provider A
  227  student may not be reported as more than 1.0 full-time
  228  equivalent student in any given school year.
  229         (f) The school district providing virtual instruction shall
  230  report full-time equivalent students for a virtual instruction
  231  program or a virtual charter school, including credits completed
  232  during the summer, to the department in a manner prescribed by
  233  the department, and funding shall be provided through the
  234  Florida Education Finance Program.
  235         Section 4. Subsection (14) of section 1003.01, Florida
  236  Statutes, is amended to read:
  237         1003.01 Definitions.—As used in this chapter, the term:
  238         (14) “Core-curricula courses” means:
  239         (a) Courses in language arts/reading, mathematics, social
  240  studies, and science in prekindergarten through grade 3,
  241  excluding any extracurricular courses pursuant to subsection
  242  (15);
  243         (b) Courses in grades 4 through 8 in subjects that are
  244  measured by state assessment at any grade level and courses
  245  required for middle school promotion, excluding any
  246  extracurricular courses pursuant to subsection (15);
  247         (c) Courses in grades 9 through 12 in subjects that are
  248  measured by state assessment at any grade level and courses that
  249  are specifically identified by name in statute as required for
  250  high school graduation and that are not measured by state
  251  assessment, excluding any extracurricular courses pursuant to
  252  subsection (15);
  253         (d) Exceptional student education courses; and
  254         (e) English for Speakers of Other Languages courses.
  255  
  256  The term is limited in meaning and used for the sole purpose of
  257  designating classes that are subject to the maximum class size
  258  requirements established in s. 1, Art. IX of the State
  259  Constitution. This term does not include courses offered under
  260  s. 1002.321(4)(e), s. 1002.33(7)(a)2.b., s. ss. 1002.37, s.
  261  1002.415, or s. and 1002.45.
  262         Section 5. Paragraph (b) of subsection (2) of section
  263  1003.498, Florida Statutes, is amended, and subsection (3) is
  264  added to that section, to read:
  265         1003.498 School district virtual course offerings.—
  266         (2) School districts may offer virtual courses for students
  267  enrolled in the school district. These courses must be
  268  identified in the course code directory. Students who meet the
  269  eligibility requirements of s. 1002.455 may participate in these
  270  virtual course offerings.
  271         (b) An Any eligible student who is enrolled in a school
  272  district may register and enroll in an online course offered by
  273  any other school district in the state, except as limited by the
  274  following:
  275         1. A student may not enroll in a course offered through a
  276  virtual instruction program provided pursuant to s. 1002.45.
  277         2. A student may not enroll in a virtual course offered by
  278  another school district if:
  279         a. The course is offered online by the school district in
  280  which the student resides; or
  281         b. The course is offered in the school in which the student
  282  is enrolled. However, a student may enroll in an online course
  283  offered by another school district if the school in which the
  284  student is enrolled offers the course but the student is unable
  285  to schedule the course in his or her school.
  286         3. The school district in which the student completes the
  287  course shall report the student’s completion of that course for
  288  funding pursuant to s. 1011.61(1)(c)1.b.(VI), and the home
  289  school district may shall not report the student for funding for
  290  that course. For purposes of this paragraph, the combined total
  291  of all school district reported FTE may not be reported as more
  292  than 1.0 full-time equivalent student in any given school year.
  293  The department of Education shall establish procedures to enable
  294  interdistrict coordination for the delivery and funding of this
  295  online option.
  296         (3) A school district may not require a public school
  297  student to take a course outside the school day in addition to
  298  the student’s courses for a given term.
  299         Section 6. Paragraph (c) of subsection (1) of section
  300  1011.61, Florida Statutes, is amended to read:
  301         1011.61 Definitions.—Notwithstanding the provisions of s.
  302  1000.21, the following terms are defined as follows for the
  303  purposes of the Florida Education Finance Program:
  304         (1) A “full-time equivalent student” in each program of the
  305  district is defined in terms of full-time students and part-time
  306  students as follows:
  307         (c)1. A “full-time equivalent student” is:
  308         a. A full-time student in any one of the programs listed in
  309  s. 1011.62(1)(c); or
  310         b. A combination of full-time or part-time students in any
  311  one of the programs listed in s. 1011.62(1)(c) which is the
  312  equivalent of one full-time student based on the following
  313  calculations:
  314         (I) A full-time student in a combination of programs listed
  315  in s. 1011.62(1)(c) shall be a fraction of a full-time
  316  equivalent membership in each program equal to the number of net
  317  hours per school year for which he or she is a member, divided
  318  by the appropriate number of hours set forth in subparagraph
  319  (a)1. or subparagraph (a)2. The sum of the fractions for each
  320  program may not exceed the maximum value set forth in subsection
  321  (4).
  322         (II) A prekindergarten student with a disability shall meet
  323  the requirements specified for kindergarten students.
  324         (III) A full-time equivalent student for students in
  325  kindergarten through grade 12 in a full-time virtual instruction
  326  program under s. 1002.45 or a virtual charter school under s.
  327  1002.33 shall consist of six full-credit completions or the
  328  prescribed level of content that counts toward promotion to the
  329  next grade in programs listed in s. 1011.62(1)(c). Credit
  330  completions may be a combination of full-credit courses or half
  331  credit courses. Beginning in the 2014-2015 fiscal year, when s.
  332  1008.22(3)(g) is implemented, the reported full-time equivalent
  333  students and associated funding of students enrolled in courses
  334  requiring passage of an end-of-course assessment shall be
  335  adjusted after the student completes the end-of-course
  336  assessment.
  337         (IV) A full-time equivalent student for students in
  338  kindergarten through grade 12 in a part-time virtual instruction
  339  program under s. 1002.45 shall consist of six full-credit
  340  completions in programs listed in s. 1011.62(1)(c)1. and 3.
  341  Credit completions may be a combination of full-credit courses
  342  or half-credit courses. Beginning in the 2014-2015 fiscal year,
  343  when s. 1008.22(3)(g) is implemented, the reported full-time
  344  equivalent students and associated funding of students enrolled
  345  in courses requiring passage of an end-of-course assessment
  346  shall be adjusted after the student completes the end-of-course
  347  assessment.
  348         (V) A Florida Virtual School full-time equivalent student
  349  shall consist of six full-credit completions or the prescribed
  350  level of content that counts toward promotion to the next grade
  351  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
  352  participating in kindergarten through grade 12 part-time virtual
  353  instruction and the programs listed in s. 1011.62(1)(c) for
  354  students participating in kindergarten through grade 12 full
  355  time virtual instruction. Credit completions may be a
  356  combination of full-credit courses or half-credit courses.
  357  Beginning in the 2014-2015 fiscal year, when s. 1008.22(3)(g) is
  358  implemented, the reported full-time equivalent students and
  359  associated funding of students enrolled in courses requiring
  360  passage of an end-of-course assessment shall be adjusted after
  361  the student completes the end-of-course assessment.
  362         (VI) Each successfully completed full-credit course earned
  363  through an online course delivered by a district other than the
  364  one in which the student resides shall be calculated as 1/6 FTE.
  365         (VII) Each successfully completed credit earned under the
  366  alternative high school course credit requirements authorized in
  367  s. 1002.375, which is not reported as a portion of the 900 net
  368  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  369  calculated as 1/6 FTE.
  370         (VIII)(A) A full-time equivalent student for courses
  371  requiring a statewide, standardized end-of-course assessment
  372  pursuant to s. 1008.22(3)(c)2.a. shall be defined and reported
  373  based on the number of instructional hours as provided in this
  374  subsection for the first 3 years of administering the end-of
  375  course assessment. Beginning in the fourth year of administering
  376  the end-of-course assessment, the FTE shall be credit-based and
  377  each course shall be equal to 1/6 FTE. The reported FTE shall be
  378  adjusted after the student successfully completes the end-of
  379  course assessment pursuant to s. 1008.22(3)(c)2.a.
  380         (B) For students enrolled in a school district as a full
  381  time student, the district may report 1/6 FTE for each student
  382  who passes a statewide, standardized end-of-course assessment
  383  without being enrolled in the corresponding course.
  384         (C) The FTE earned under this sub-sub-subparagraph and any
  385  FTE for courses or programs listed in s. 1011.62(1)(c) that do
  386  not require passing a statewide, standardized end-of-course
  387  assessment are subject to the requirements in subsection (4).
  388         2. A student in membership in a program scheduled for more
  389  or less than 180 school days or the equivalent on an hourly
  390  basis as specified by rules of the State Board of Education is a
  391  fraction of a full-time equivalent membership equal to the
  392  number of instructional hours in membership divided by the
  393  appropriate number of hours set forth in subparagraph (a)1.;
  394  however, for the purposes of this subparagraph, membership in
  395  programs scheduled for more than 180 days is limited to students
  396  enrolled in juvenile justice education programs, in virtual
  397  instruction programs provided under s. 1002.45, and through the
  398  Florida Virtual School.
  399  
  400  The department shall determine and implement an equitable method
  401  of equivalent funding for experimental schools and for schools
  402  operating under emergency conditions, which schools have been
  403  approved by the department to operate for less than the minimum
  404  school day.
  405         Section 7. Subsection (3) is added to section 1011.67,
  406  Florida Statutes, to read:
  407         1011.67 Funds for instructional materials.—
  408         (3) A school district may use funds that are allocated for
  409  instructional materials to purchase hardware, including
  410  operating systems, networking, and devices, for student
  411  instruction.
  412         Section 8. This act shall take effect July 1, 2013.

feedback